The appellant appealed a Small Claims Court decision awarding the respondent $35,000 in damages and $15,680.62 in costs arising from a commercial lease dispute.
The appellant argued the trial judge exceeded her jurisdiction, erred in assessing damages, breached procedural fairness, and erred in calculating pre-judgment interest.
The Divisional Court dismissed the appeal on all grounds except for pre-judgment interest, finding the trial judge made no palpable and overriding errors in assessing damages for unlawful termination, loss of quiet enjoyment, and punitive damages.
The start date for pre-judgment interest was amended to July 31, 2017.
